English v North Lanarkshire Council [1999] ScotCS 29 (22 January 1999)

English v North Lanarkshire Council [1999] ScotCS 29 (22 January 1999)

The defenders failed to take reasonable care for the pursuer's safety by requiring her to clean a slicing machine lacking a fingerguard using a method that posed an obvious risk, without adequate training or instruction for such equipment, and in breach of statutory duties under the Provision and Use of Work Equipment Regulations 1992. The risk of injury was foreseeable and not mitigated by general instructions to exercise caution. The pursuer was not contributorily negligent as she followed her training and acted with care.

Citation
[1999] ScotCS 29
Parties
Pursuer: Lilian Smith English; Defender: North Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
22 January 1999
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
judgment for the pursuer
Legal Topics
Employer's Liability, Workplace Safety, Statutory Duty, Negligence, Contributory Negligence
Employment Law Health and Safety Law Personal Injury Employer's Liability Workplace Safety Statutory Duty Negligence Contributory Negligence

Case Brief

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Parties

Lilian Smith English

Pursuer

North Lanarkshire Council

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders failed in their common law duty of care to the pursuer regarding safe systems of work and training
  2. 2 Whether the defenders breached statutory duties under the Provision and Use of Work Equipment Regulations 1992, specifically Regulations 5, 8, 9, and 11
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders failed to take reasonable care for the pursuer's safety by requiring her to clean a slicing machine lacking a fingerguard using a method that posed an obvious risk, without adequate training or instruction for such equipment, and in breach of statutory duties under the Provision and Use of Work Equipment Regulations 1992. The risk of injury was foreseeable and not mitigated by general instructions to exercise caution. The pursuer was not contributorily negligent as she followed her training and acted with care.

Court Disposition

judgment for the pursuer

Orders

  • Defenders found liable to the pursuer in damages (quantum to be assessed)